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The Civil Proceedings Rules, 1998

Part 50

Stop Notices and Stop Orders

Contents of this Part

Scope of this Part Rule 50.1
Right to apply for stop notice Rule 50.2
Procedure for obtaining stop notice Rule 50.3
Service Rule 50.4
Amendment of stop notice Rule 50.5
Withdrawal or discharge of stop notice Rule 50.6
Stop Orders Rule 50.7
Procedure on application for stop order Rule 50.8
Power to vary or discharge stop order Rule 50.9

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Scope of this Part

50.1 (1) This Part enables a person -

(a) by obtaining a stop notice, to be notified of proposed

dealings relating to stock; or

(b) by obtaining a stop order to prevent certain specified

steps to be taken with regard to stock or funds in court.

(2) In this part

"stop notice" means a notice requiring any person or body on whom it

is served to refrain from taking, in respect of any of the stock specified

in the notice, any of the specified steps without first notifying the person

by whom, or on whose behalf, the notice was served;

"stop order" means an order of the court prohibiting the taking, in

respect of any of the stock specified in the order, any of the specified

steps; and

"the specified steps" means

(a) the registration of any transfer of the stock; or

(b) in the case of stock or funds in court, the transfer, sale or other

dealing with the stock or the payment out of the income thereof; or

(c) the making of any payment by way of dividend, interest or

otherwise in respect of the stock.

 

Right to apply for stop notice

50.2 Any person who claims to be beneficially entitled to an interest in stock

may apply for a stop notice.

 

Procedure for obtaining stop notice

50.3 (1) Anyone who wants the court office to issue a stop notice ("the

applicant") may obtain one by filing a notice in the practice form.

(2) The applicant must also file an affidavit which -

(a) identifies the stock

(b) identifies the applicant's interest in it; and

(c) gives an address for service for the applicant.

(3) The court office must then issue a stop notice.

 

Service

50.4 (1) The applicant must serve a copy of -

(a) the stop notice; and

(b) his affidavit,

on the public company and any keeper of the register on whom

he would have had to serve a charging order relating to the

stock.

(2) After that, so long as the stop notice is in force, the company or

the keeper of the register must not register a transfer of the stock

or take any step mentioned in the stop notice until 14 days after

sending a notification to the applicant.

 

Amendment of a stop notice

50.5 (1) If a stop notice describes any stock incorrectly, the

applicant may ask the court office to issue an amended notice.

(2) The application may be made without notice.

(3) Rule 50.4 applies to an amended notice as it applies to the original notice.

 

Withdrawal or discharge of stop notice

50.6 (1) The person on whose behalf the court office issued a stop notice

may withdraw it by serving a notification of withdrawal on

every person on whom the stop notice was served.

(2) On the application of any person claiming to be beneficially

interested in the stock to which a stop notice relates the court

may by order discharge or vary the notice.

(3) An application for such an order must be served on the person

on whose behalf the court originally issued the stop notice.

 

 

Stop orders

50.7 (1) The court may make a stop order relating to -

(a) stock; or

(b) funds in court.

(2) The stop order may prohibit the taking of any of the specified steps.

 

Procedure on application for stop order

50.8 (1) Any person claiming to be beneficially entitled to

stock may apply for a stop order.

(2) In the case of money in court any person -

(i) who has a mortgage or charge on the interest of any

person in funds in court; or

(ii) to whom that interest has been assigned; or

(iii) who is a judgment creditor of the person entitled to that

interest,

may apply for a stop order.

(3) Notice of an application for a stop order must be served on any

person whose interest may be affected by the order and, in the case of funds in court on the proper officer.

 

Power to vary or discharge stop order

50.9 The court may vary or discharge a stop order on the application of any

person claiming to be entitled to any interest in the stock to which the

order relates.

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